Roberts-Smith v Roberts [2022] FCA 524

The application for leave to appeal was dismissed because neither the refusal to order examination nor to join additional parties determined a substantive right or had the practical effect of finally determining the rights of the parties, no substantial injustice was established, and the primary judge's discretionary decisions exhibited no sufficient doubt or error of principle warranting appellate reconsideration.

Jurisdiction: Australia
Judgment Date: 16 May 2022
Procedural Posture: Application for Leave to Appeal / Leave to Appeal – Interlocutory Application
Outcome: Application for leave to appeal dismissed with costs
Legal Topics: ['leave to Appeal' 'interlocutory Orders' 'joinder of Parties' 'cross Examination' 'discretionary Decision']

['practice and Procedure'] ['leave to Appeal' 'interlocutory Orders' 'joinder of Parties' 'cross Examination' 'discretionary Decision']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal – Interlocutory Application

Legal Issues

1 ['Whether the dismissal of the applications to examine Ms Roberts or to join additional parties warrants leave to appeal' 'Whether failure to examine Ms Roberts or to join other parties would cause substantial injustice' 'Whether the decision below is attended with sufficient doubt to warrant reconsideration by the Full Court']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs

Orders

['The application for leave to appeal dated 7 February 2022 be dismissed.' "The applicant pay the respondents' costs."]